Family Recoding: Towards a Theory of Relationships of Economic and Emotional Interdependency in the Civil Code of QuĂŠbec

The thesis proposes a different approach to parent-child and conjugal relationships in the Civil Code of Québec, an expanded understanding of what is ‘familial’, the removal of the book ‘The Family’, and many more elements for a radical, yet simple and in line with civilian principles, theory of relationships of economic and emotional interdependency. It argues the Code should concentrate on relationships of economic and emotional interdependency, irrespective of their form or of their fulfilment of formalities. Their content and qualities should be law’s object, hence allowing for a functional account of families and personal lives. It builds upon Justice Abella’s hint in her dissenting opinion in (Quebec) Attorney General v A: “the history of modern family law demonstrates, fairness requires that we look at the content of the relationship’s social package, not at how it is wrapped”. These explorations will hopefully put in perspective current debates about the ways in which Quebec family law should be reformed yet another time.S.J.D.2020-03-26 00:00:0